Chapter 2981: FORFEITURE

(A)
Forfeitures under this chapter shall be governed by all of the following
purposes:

(1)
To provide
economic disincentives and remedies to deter and offset the economic effect of
offenses by seizing and forfeiting contraband, proceeds, and certain
instrumentalities;

(2)
To ensure
that seizures and forfeitures of instrumentalities are proportionate to the
offense committed;

(3)
To protect
third parties from wrongful forfeiture of their property;

(4)
To
prioritize restitution for victims of offenses.

(B)
As
used in this chapter:

(1)
"Aircraft"
has the same meaning as in section
4561.01 of the Revised
Code.

(2)
"Computers,"
"computer networks," "computer systems," "computer software," and
"telecommunications device" have the same meanings as in section
2913.01 of the Revised
Code.

(3)
"Financial
institution" means a bank, credit union, savings and loan association, or a
licensee or registrant under Chapter 1321. of the Revised Code.

(4)
"Firearm" and "dangerous ordnance" have the same meanings as in section
2923.11 of the Revised
Code.

(5)
"Innocent
person" includes any bona fide purchaser of property that is subject to
forfeiture, including any person who establishes a valid claim to or interest
in the property in accordance with section 2981.04 of the Revised
Code, and any victim of an alleged offense.

(6)
"Instrumentality" means property otherwise lawful to possess that is used in or
intended to be used in an offense. An "instrumentality" may include, but is not
limited to, a firearm, a mobile instrumentality, a computer, a computer
network, a computer system, computer software, a telecommunications device,
money, and any other means of exchange.

(7)
"Law enforcement agency" includes, but is not limited to, the state board of
pharmacy, the enforcement division of the department of taxation, the Ohio
casino control commission, and the office of the prosecutor.

(8)
"Mobile instrumentality" means an instrumentality that is inherently mobile and
used in the routine transport of persons. "Mobile instrumentality" includes,
but is not limited to, any vehicle, any watercraft, and any aircraft.

(9)
"Money" has the same meaning as in section
1301.201 of the Revised
Code.

(10)
"Offense"
means any act or omission that could be charged as a criminal offense or a
delinquent act, whether or not a formal criminal prosecution or delinquent
child proceeding began at the time the forfeiture is initiated. Except as
otherwise specified, an offense for which property may be forfeited includes
any felony and any misdemeanor. The commission of an "offense" includes the
commission of a delinquent act.

(11)
"Proceeds" means both of the following:

(a)
In
cases involving unlawful goods, services, or activities, "proceeds" means any
property derived directly or indirectly from an offense. "Proceeds" may
include, but is not limited to, money or any other means of exchange.
"Proceeds" is not limited to the net gain or profit realized from the offense.
"Proceeds" does not include property, including money
or other means of exchange, if all of the following apply to that
property:

(i)
It is held under clear title by a law enforcement
agency.

(ii)
It is used or may be used to purchase contraband for the
purpose of investigating any drug abuse offense, as defined in section
2925.01 of the Revised
Code.

(iii)
If it is used to purchase contraband under division
(B)(11)(a)(ii) of this section, the property continues to be considered the
property of the law enforcement agency if the agency establishes a clear chain
of custody of it.

(b)
In
cases involving lawful goods or services that are sold or provided in an
unlawful manner, "proceeds" means the amount of money or other means of
exchange acquired through the illegal transactions resulting in the forfeiture,
less the direct costs lawfully incurred in providing the goods or services. The
lawful costs deduction does not include any part of the overhead expenses of,
or income taxes paid by, the entity providing the goods or services. The
alleged offender or delinquent child has the burden to prove that any costs are
lawfully incurred.

(12)
"Property" means "property" as defined in section
2901.01 of the Revised Code and
any benefit, privilege, claim, position, interest in an enterprise, or right
derived, directly or indirectly, from the offense.

(13)
"Property subject to forfeiture" includes contraband and proceeds and may
include instrumentalities as provided in this chapter.

(14)
"Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
When relevant, "prosecutor" also includes the attorney general.

(15)
"Vehicle" has the same meaning as in section
4501.01 of the Revised
Code.

(16)
"Watercraft" has the same meaning as in section 1546.01 of the Revised Code.

(C)
The penalties and procedures under Chapters 2923., 2925., 2933., and 3772. of
the Revised Code remain in effect to the extent that they do not conflict with
this chapter.

(A)
The
following property is subject to forfeiture to the state or a political
subdivision under either the criminal or delinquency process in section
2981.04 of the Revised Code or the
civil process in section
2981.05 of the Revised Code:

(1)
Contraband involved in an offense;

(2)
Proceeds derived from or
acquired through the commission of an offense;

(3)
An instrumentality that is used in or
intended to be used in the commission or facilitation of any of the following
offenses when the use or intended use, consistent with division (B) of this
section, is sufficient to warrant forfeiture under this chapter:

(a)
A felony;

(b)
A misdemeanor, when forfeiture is
specifically authorized by a section of the Revised Code or by a municipal
ordinance that creates the offense or sets forth its penalties;

(c)
An attempt to commit, complicity in
committing, or a conspiracy to commit an offense of the type described in
divisions (A)(3)(a) and (b) of this section.

(B)
In determining whether an alleged
instrumentality was used in or was intended to be used in the commission or
facilitation of an offense or an attempt, complicity, or conspiracy to commit
an offense in a manner sufficient to warrant its forfeiture, the trier of fact
shall consider the following factors the trier of fact determines are relevant:

(1)
Whether the offense could not have been
committed or attempted but for the presence of the instrumentality;

(2)
Whether the primary purpose in using the
instrumentality was to commit or attempt to commit the offense;

(3)
The extent to which the instrumentality
furthered the commission of, or attempt to commit, the offense.

(C)
This chapter does
not apply to or limit forfeitures under Title XLV of the Revised Code,
including forfeitures relating to section
2903.06 or
2903.08 of the Revised Code.

(1)
The state or political subdivision acquires provisional title to property
subject to forfeiture under this chapter upon a person's commission of an
offense giving rise to forfeiture, subject to third party claims and a final
adjudication under section
2981.04 or
2981.05 of the Revised Code.
Provisional title authorizes the state or political subdivision to seize and
hold the property, and to act to protect the property, under this section
before any proceeding under this chapter. Title to the property vests with the
state or political subdivision when the trier of fact renders a final
forfeiture verdict or order under section
2981.04 or
2981.05 of the Revised Code, but
that title is subject to third party claims adjudicated under those
sections.

(2)
Except as otherwise provided in division (A)(3) of this
section, a law enforcement officer may seize property that the officer
has probable cause to believe is property subject to forfeiture. If a law
enforcement officer seizes property that is titled or registered under law, the
officer or the law enforcement agency that employs the officer shall notify the
property owner of the seizure. The agency shall give notice to the property
owner at the owner's last known address as soon as practical after the seizure
and may give the notice by certified mail or orally by any means, including
telephone. If the officer or agency is unable to provide the notice required by
this division despite reasonable, good faith efforts, those efforts constitute
fulfillment of the notice requirement.

(3)
If a
state or political subdivision seeks to seize real property,
the prosecutor shall file a motion in the appropriate court
to request a hearing before the seizure and shall notify the
property owner of the motion. The court shall hold the hearing not sooner than
twenty-one days after the motion is filed. At the hearing,
the court shall grant the motion if the state or political subdivision
demonstrates by a preponderance of the evidence that
the real property is subject to forfeiture.

(4)
A
person aggrieved by an alleged unlawful seizure of property may seek relief
from the seizure by filing a motion in the appropriate court that shows the
person's interest in the property, states why the seizure was unlawful, and
requests the property's return. If the motion is filed before an indictment,
information, or a complaint seeking forfeiture of the property is filed, the
court shall schedule a hearing
on the motion not later than twenty-one days after it is filed. The court
may extend the time for the hearing on the motion by consent of the parties or
for good cause shown. At the hearing, if the
property seized is titled or registered under law, the
state or
political subdivision shall demonstrate by a preponderance of the
evidence that the seizure was lawful and
that the person is not entitled to the property.
If the property seized is not titled or registered
under law, the person shall demonstrate by a preponderance of the evidence that
the seizure was unlawful and that the person is entitled to the property.
If the motion is filed by a defendant after an indictment, information, or a
complaint seeking forfeiture of the property has been filed, the court shall
treat the motion as a motion to suppress evidence. If the motion is filed by a
third party after an indictment, information, or complaint seeking forfeiture
of the property has been filed, the court shall treat the motion as a petition
of a person with an alleged interest in the subject property, pursuant to
divisions (E) and (F) of section
2981.04 of the Revised
Code.

(5)

(a)
In any action under section
2981.04 or
2981.05 of the Revised Code, if
a property owner or third party claims lawful interest in the subject property
alleged to be proceeds, the state or political subdivision has provisional
title and a right to hold property if it proves both of the following by a
preponderance of the evidence:

(i)
The interest
in the property was acquired by the alleged offender or delinquent child during
the commission of the offense or within a reasonable time after that
period.

(ii)
There is no
likely source for the interest in the property other than as proceeds derived
from or acquired through the commission of the offense.

(b)
In any action
under section 2981.04 or
2981.05 of the Revised Code,
the alleged offender or delinquent child shall have the burden to prove
the amount of any direct costs lawfully incurred.

(B)

(1)
Upon application by the prosecutor who prosecutes
or brings an action that allows forfeiture under this chapter, the court in
which the action is prosecuted or filed may issue an order taking any
reasonable action necessary to preserve the reachability of the property
including, but not limited to, a restraining order or injunction, an order
requiring execution of a satisfactory bond or insurance policy, an order to
inspect, photograph, or inventory the property, an order placing a lien or lis
pendens against the property, or an order appointing a receiver or trustee. The
court may issue an order of this nature at any of the following times:

(a)
Upon the filing of a complaint, indictment, or information alleging the
property to be subject to forfeiture under section
2981.02 of the Revised
Code;

(b)
Prior to the
filing of a complaint, an indictment, or information alleging the property to
be subject to forfeiture under section
2981.02 of the Revised Code, if,
after giving notice to all persons known to have an interest in the
property and giving those persons an opportunity to be heard, the court
determines that all of the following apply:

(i)
There is a substantial probability the state or political subdivision will
prevail on the forfeiture issue.

(ii)
There is a substantial probability that failure to enter the order will result
in the property being destroyed, being removed from the court's jurisdiction,
or otherwise being made unavailable for forfeiture.

(iii)
The need to preserve the availability of the property outweighs the hardship on
the person against whom the order is to be entered.

(c)
As
a condition of releasing the property based on a determination of substantial
hardship under division (D) of this section.

(2)
Except as otherwise provided in division (B)(3) of this section, the court
shall make an order under division (B)(1)(b) of this section effective for not
more than ninety days, but the court may extend the order if the prosecutor
demonstrates that the need to preserve the reachability of the property still
exists or for other good cause shown and shall extend the order if an
indictment, information, or a complaint is filed alleging that the property is
subject to forfeiture.

(3)
A court may
issue an order under division (B)(1) of this section without giving notice or a
hearing to a person known to have a interest in the property if the prosecutor
demonstrates that the property is subject to forfeiture and that giving notice
and a hearing will jeopardize the availability of the property for forfeiture.
Notwithstanding the ninety-day limit described in division (B)(2) of this
section, the court shall make an order under division (B)(3) of this section
effective for not more than ten days, but the court may extend the order if the
prosecutor again demonstrates that the property is subject to forfeiture and
that a hearing will jeopardize the availability of the property or for other
good cause shown or if the person subject to the order consents to a longer
period. If a party requests a hearing on the order, the court shall hold the
hearing at the earliest possible time before the order expires.

(4)
At
any hearing under division (B) of this section, the court may receive and
consider evidence and information that is inadmissible under the Rules of
Evidence. The court shall cause the hearing to be recorded and shall cause a
transcript to be made. If property is to be seized as a result of the hearing,
the recording and transcript shall not be a public record for purposes of
section 149.43 of the Revised Code until
the property is seized. This section does not authorize making available for
inspection any confidential law enforcement investigatory record or trial
preparation record, as defined in section
149.43 of the Revised
Code.

(C)
Except as otherwise provided in division (E) of
this section, any replevin, conversion, or other civil action brought
concerning property subject to a criminal or civil forfeiture action under this
chapter shall be stayed until the forfeiture action is resolved.

(D)

(1)
A
person with an interest in property that is subject to forfeiture and that is
seized under this chapter may seek conditional release of the property by
requesting possession from the person with custody of the property. The request
shall demonstrate how the person meets the requirements specified in divisions
(D)(3)(a), (b), and (c) of this section.

(2)
If
the person with custody of the property does not release the property within
fifteen days after a person makes a request under division (D)(1) of this
section, or within seven days after a person makes the request if the property
was seized as a mobile instrumentality or if the request is to copy records,
the person who made the request may file a petition for conditional release
with the court in which the complaint, indictment, or information is filed or,
if no complaint, indictment, or information is filed, the court that issued the
seizure warrant for the property. The petition shall demonstrate how the person
meets the requirements specified in divisions (D)(3)(a), (b), and (c) of this
section and the steps the person has taken to secure release of the property
from the official. Unless extended for good cause shown, the petition shall be
filed either within thirty days of the filing of a complaint, an indictment, or
information in the forfeiture action or, if no complaint, indictment, or
information is filed, within thirty days of the seizure
of the property.

If the court finds that
the person meets the criteria specified in divisions (D)(3)(a), (b), and (c) of
this section, the court shall order the property's conditional return to the
person pending completion of the forfeiture action. In issuing this order, the
court shall notify the person of the prohibitions against interfering with or
diminishing property in section
2981.07 of the Revised Code and
may make any order necessary to ensure that the value of the property is
maintained.

If personal, business, or
governmental records are seized, including those contained in computer files, a
person may petition the court for a prompt opportunity to copy, at the person's
expense, any records that are not contraband. The court may grant the petition
if the person demonstrates how the person meets the requirements specified in
divisions (D)(3)(a) and (c) of this section. The court shall order a competent
person to supervise the copying.

(3)
Except when there is probable cause that the property is contraband, property
that must be held for a reasonable time as evidence related to an offense, or
property that is likely to be used in additional offenses or except when the
state or political subdivision meets the burden imposed under division (A)(5)
of this section regarding alleged proceeds, a court may conditionally release
property subject to forfeiture to a person who demonstrates all of the
following:

(a)
A possessory
interest in the property;

(b)
Sufficient ties to the community to provide assurance that the property will be
available at the time of trial;

(c)
That failure to conditionally release the property will cause a substantial
hardship to the claimant.

(4)
In
determining whether a substantial hardship exists, the court shall weigh the
claimant's likely hardship from the state's or political subdivision's
continued possession of the property against the risk that the property will be
destroyed, damaged, lost, concealed, or transferred if returned to the
claimant. The court shall consider in favor of release the possibility that
withholding the property would prevent a legitimate business from functioning,
prevent the claimant's or an innocent person from maintaining employment, or
leave the claimant or an innocent person homeless.

(5)
If
the state or political subdivision shows that the claimant's petition is
frivolous, the court shall deny the petition. Otherwise, the state or political
subdivision may respond to the petition by submitting evidence ex parte to
avoid disclosing any matter that may adversely affect an ongoing criminal
investigation or pending trial.

(6)
The court shall decide on the petition not more than twenty-one
days after it is filed. If the property seized is alleged to be a mobile
instrumentality, the court shall decide on the petition
not more than ten days after it is
filed. If personal, business, or governmental records were seized and a
person files a petition to copy the records, the court shall decide on the
petition as soon as practicable, but not later than
thirty days after it is filed. In any case, the court may extend the time
for deciding on the petition by consent of the parties or for good cause
shown.

(E)
Nothing in this section precludes a financial
institution that has or purports to have a security interest in or lien on
property described in section
2981.02 of the Revised Code from
filing an action in connection with the property, prior to its disposition
under this chapter, to obtain possession of the property in order to foreclose
or otherwise enforce the security interest or lien.

If a financial
institution commences a civil action or takes any other appropriate legal
action to sell the property prior to its seizure or prior to its disposition
under this chapter, if the person who is responsible for conducting the sale
has actual knowledge of the commencement of a forfeiture action under either
section 2981.04 or
2981.05 of the Revised Code, and
if the property is sold, then the person shall dispose of the proceeds of the
sale in the following order:

(1)
First, to the payment of the costs of the sale, excluding any associated
attorney's fees, and to the payment of the costs incurred by law enforcement
agencies and financial institutions in connection with the seizure, storage,
and maintenance of, and provision of security for, the property;

(2)
Second, in the order of priority of the security interests and liens, to the
payment of valid security interests and liens pertaining to the property that,
at the time at which the state or political subdivision gains provisional
title, are held by known secured parties and lienholders;

(3)
Third, to the court that has or would have jurisdiction in a case or proceeding
under section 2981.04 or
2981.05 of
the Revised Code for disposition under this chapter.

(F)
A
prosecutor may file a forfeiture action under section
2981.04 or
2981.05 of the Revised Code, or
both. If property is seized pursuant to this section , the prosecutor of the county in which the seizure occurred
shall commence a civil action to forfeit that property under section
2981.05 of the Revised Code, if that section applies.

A prosecutor may file an
appropriate charging instrument under section
2981.04 of the Revised Code to
seek a criminal forfeiture after a civil forfeiture action begins. Filing a
charging instrument for an offense that is also the basis of a civil forfeiture
action shall stay the civil forfeiture
action.

(G)
The prosecutor shall maintain an accurate record of each item disposed of under
section 2981.04 or
2981.05 of the Revised Code. The
record shall not identify or enable the identification of the officer who
seized the property. The record is a public record open for inspection under
section 149.43 of the Revised
Code.

(1)
Property described in division (A) of section
2981.02 of the Revised Code may
be forfeited under this section only if the defendant
is convicted of, or enters intervention in lieu of conviction for, an offense
or the juvenile is adjudicated a delinquent child for committing an act that
would be an offense if committed by an adult and the complaint,
indictment, or information charging the offense or municipal violation, or the
complaint charging the delinquent act, contains a specification of the type
described in section 2941.1417 of the Revised Code
that sets forth all of the following to the extent it is reasonably known at
the time of the filing:

(a)
The nature
and extent of the alleged offender's or delinquent child's interest in the
property;

(b)
A
description of the property;

(c)
If
the property is alleged to be an instrumentality, the alleged use or intended
use of the property in the commission or facilitation of the
offense.

(2)
If any property is not reasonably foreseen to be
subject to forfeiture at the time of filing the indictment, information, or
complaint, the trier of fact still may return a verdict of forfeiture
concerning that property in the hearing described in division (B) of this
section if the prosecutor, upon discovering the property to be subject to
forfeiture, gave prompt notice of this fact to the alleged offender or
delinquent child under Criminal Rule 7(E) or Juvenile Rule 10(B).

(B)
If
a person pleads guilty to or is convicted of, or enters
intervention in lieu of conviction for, an offense or is adjudicated a
delinquent child for committing a delinquent act and the complaint, indictment,
or information charging the offense or act contains a specification covering
property subject to forfeiture under section
2981.02 of the Revised Code, the
trier of fact shall determine whether the person's property shall be forfeited.
If the state or political subdivision proves by clear and
convincing evidence that the property is in whole or part subject to
forfeiture under section
2981.02 of the Revised Code,
after a proportionality review under section
2981.09 of the Revised Code when
relevant, the trier of fact shall return a verdict of forfeiture that
specifically describes the extent of the property subject to forfeiture. If the
trier of fact is a jury, on the offender's or delinquent child's motion, the
court shall make the determination of whether the property shall be
forfeited.

(C)
If the court enters a verdict of forfeiture under
this section, the court imposing sentence or disposition, in addition to any
other sentence authorized by section
2951.041 or Chapter 2929.
of the Revised Code or any disposition authorized by Chapter 2152. of the
Revised Code, shall order that the offender or delinquent child forfeit to the
state or political subdivision the offender's or delinquent child's interest in
the property. The property vests with the state or political subdivision
subject to the claims of third parties. The court may issue any additional
order to affect the forfeiture, including, but not limited to, an order under
section 2981.06 of the Revised
Code.

(D)
After the entry of a forfeiture order under this
section, the prosecutor shall attempt to identify any person with an interest
in the property subject to forfeiture by searching appropriate public records
and making reasonably diligent inquiries. The prosecutor shall give notice of
the forfeiture that remains subject to the claims of third parties and proposed
disposal of the forfeited property to any person known to have an interest in
the property. The prosecutor also shall publish notice of the forfeiture that
remains subject to the claims of third parties and proposed disposal of the
forfeited property once each week for two consecutive weeks in a newspaper of
general circulation in the county in which the property was seized.

(E)

(1)
Any person, other than the offender or delinquent child whose conviction or
plea of guilty or delinquency adjudication is the basis of the forfeiture
order, who asserts a legal interest in the property that is the subject of the
order may petition the court that issued the order for a hearing under division
(E)(3) of this section to adjudicate the validity of the person's alleged
interest in the property. All of the following apply to the petition:

(a)
It
shall be filed within thirty days after the final publication of notice or the
person's receipt of notice under division (D) of this section.

(b)
It
shall be signed by the petitioner under the penalties for falsification
specified in section 2921.13 of the Revised
Code.

(c)
It shall
describe the nature and extent of the petitioner's interest in the property,
the time and circumstances of the petitioner's acquisition of that interest,
any additional facts supporting the petitioner's claim, and the relief
sought.

(d)
It shall state that one of the following conditions applies
to the petitioner:

(i)
The petitioner has a legal interest in the property that is
subject to the forfeiture order that renders the order completely or partially
invalid because the legal interest in the property was vested in the
petitioner, rather than the offender or delinquent child whose conviction or
plea of guilty or delinquency adjudication is the basis of the order, or was
superior to any interest of that offender or delinquent child, at the time of
the commission of the offense or delinquent act that is the basis of the
order.

(ii)
The petitioner is a bona fide purchaser for value of the
interest in the property that is subject to the forfeiture order and was, at
the time of the purchase, reasonably without cause to believe that it was
subject to forfeiture.

(2)

(a)
In
lieu of filing a petition as described in division (E)(1) of this section, a
person, other than the offender or delinquent child whose conviction or plea of
guilty or delinquency adjudication is the basis of the forfeiture order, may
file an affidavit as described in this division to establish the validity of
the alleged right, title, or interest in the property that is the subject of
the forfeiture order if the person is a secured party or other lienholder of
record that asserts a legal interest in the property, including, but not
limited to, a mortgage, security interest, or other type of lien. The affidavit
shall contain averments that the secured party or other lienholder acquired its
alleged right, title, or interest in the property in the regular course of its
business, for a specified valuable consideration, without actual knowledge of
any facts pertaining to the offense that was the basis of the forfeiture order,
in good faith, and without the intent to prevent or otherwise impede the state
or political subdivision from seizing or obtaining a forfeiture of the
property. The person shall file the affidavit within thirty days after the
earlier of the final publication of notice or the receipt of notice under
division (D) of this section.

(b)
Except as otherwise provided in this section, the affidavit shall constitute
prima-facie evidence of the validity of the affiant's alleged interest in the
property.

(c)
Unless the prosecutor files a motion challenging
the affidavit within ten days after its filing and unless the prosecutor
establishes by clear and convincing evidence at the hearing held
under division (E)(3) of this section that the affiant does not possess the
alleged interest in the property or that the affiant had actual knowledge of
facts pertaining to the offense or delinquent act that was the basis of the
forfeiture order, the affidavit shall constitute conclusive evidence of the
validity of the affiant's interest in the property.

(d)
Any subsequent purchaser or other transferee of property pursuant to forfeiture
under this section shall take the property subject to the continued validity of
the interest of the affiant.

(3)
Upon receipt of a petition or affidavit filed under division (E)(1) or (2) of
this section, the court shall hold a hearing to determine the validity of the
petitioner's interest in the property that is the subject of the forfeiture
order or, if the affidavit was challenged, to determine the validity of the
affiant's interest in the property. To the extent practicable and consistent
with the interests of justice, the court shall hold the hearing within thirty
days after the filing of the petition or within thirty days after the
prosecutor files the motion challenging the affidavit. The court may
consolidate the hearing with a hearing on any other petition or affidavit that
is filed by a person other than the offender or delinquent child whose
conviction or plea of guilty or delinquency adjudication is the basis of the
forfeiture order and that relates to the property that is the subject of the
forfeiture order.

At the hearing, the
petitioner or affiant may testify, present evidence and witnesses on the
petitioner's or affiant's behalf, and cross-examine witnesses for the state or
political subdivision. In regards to a petition, the state or political
subdivision may present evidence and witnesses in rebuttal and in defense of
its claim to the property and may cross-examine witnesses for the petitioner.
In regards to an affidavit, the prosecutor may present evidence and witnesses
and cross-examine witnesses for the affiant.

In addition to the
evidence and testimony presented at the hearing, the court also shall consider
the relevant portions of the record in the criminal or delinquent child case
that resulted in the forfeiture order.

(F)

(1)
If
the hearing involves a petition, the court shall amend its forfeiture order if
it determines at the hearing held pursuant to division (E)(3) of this section
that the petitioner has established by a preponderance of the evidence

that
that the applicable condition alleged by the petitioner
under division (E)(1)(d) of this section applies to
the
petitioner.

(2)
The court also shall amend its forfeiture order to reflect any interest of a
secured party or other lienholder of record in the property subject to
forfeiture who prevails at a hearing on the petition or affidavit filed
pursuant to division (E)(1) or (2) of this section.

(G)
If
the court disposes of all petitions or affidavits timely filed under this
section in favor of the state or political subdivision, the state or political
subdivision shall have clear title to the property that is the subject of a
forfeiture order issued under this section, but only to the extent that other
parties' lawful interests in the property are not infringed. To the extent that
the state or political subdivision has clear title to the property, the state
or political subdivision may warrant good title to any subsequent purchaser or
other transferee.

(A)
After the seizure of property
described in division (A) of section
2981.02 of the Revised Code
and not sooner than three months after the property
owner is deceased as described in division (A)(1)(a) of this section, not
sooner than three months after the property owner has not claimed, or asserted
any interest in, the property as described in division (A)(2) of this section ,
or not sooner than one year after division (A)(1)(b)(i) or (ii) of this section
applies, the prosecutor of the political subdivision in which the
property is located may commence a civil forfeiture action under this
section by filing in the court of common pleas of the county in which the
property is located a complaint requesting an order that forfeits the property
to the state or a political subdivision. A complaint
for civil forfeiture may only be filed under this division if the property was
seized with probable cause that it was involved in the commission of a felony
or a gambling offense or was directly or indirectly obtained through the
commission of a felony or a gambling offense and either of the following
applies:

(1)
The property owner is unavailable to the court for one of
the following reasons:

(a)
The property owner is deceased.

(b)
An indictment for a felony or a charge for a gambling
offense has been filed against the property owner, a warrant was issued for the
arrest of the property owner, and either of the following applies:

(i)
The property owner is outside the state and unable to be
extradited or brought back to the state for prosecution for the felony or
gambling offense.

(ii)
Reasonable efforts have been made by law enforcement
authorities to locate and arrest the property owner, but the property owner has
not been located.

(2)
The property owner has not claimed the property subject to
forfeiture or asserted any interest in the property at any time during or after
its seizure, verbally or in writing, and all claims brought under division
(A)(4) of section 2981.03 of the Revised Code have
been denied.

(B)

(1)
The filing of a complaint for civil forfeiture under
division (A) of this section shall be consistent with division (F) of
section 2981.03 of the Revised Code.
The complaint shall state all of the following:

(a)
The facts that support the state's or political
subdivision's allegations in the complaint;

(b)
The alleged felony or gambling offense that subjects the
property to forfeiture under division (A) of section
2981.02 of the Revised
Code.

(2)
If the property owner is
unavailable to the court because the property owner is deceased as provided in
division (A)(1)(a) of this section, the complaint shall include a certified
copy of the death certificate of the property owner.

(C)
Simultaneously with or
after the filing of a complaint, indictment, or information charging an offense
or a complaint charging a delinquent act, the prosecutor may commence a civil
forfeiture action by filing in the court in which the applicable complaint,
indictment, or information is filed a complaint requesting an order that
forfeits to the state or political subdivision any property that is involved in
the offense or delinquent act and is subject to forfeiture under section
2981.02 of the Revised Code. The
civil forfeiture action filed under this division shall be stayed during the
pendency of the applicable criminal or delinquency proceedings. That civil
forfeiture action shall proceed after the defendant is convicted of, or enters
intervention in lieu of conviction for, the offense involved or the juvenile is
adjudicated a delinquent child for the delinquent act involved.

(D)

(1)
Subject to division
(D)(7) of this section, the state may file a civil forfeiture action, in the
form of a civil action, against any person who is alleged to have received,
retained, possessed, or disposed of proceeds, in an amount exceeding fifteen
thousand dollars, knowing or having reasonable cause to believe that the
proceeds were allegedly derived from the commission of an offense subject to
forfeiture proceedings in violation of section
2927.21 of the Revised Code. The
complaint shall be filed in the court of common pleas of the county in which
the proceeds were alleged to have been received, retained, possessed, or
disposed of by the person. The complaint shall specify all of the
following:

(a)
That the person against
whom the complaint is filed is alleged to have received, retained, possessed,
or disposed of proceeds, in an amount exceeding fifteen thousand dollars,
knowing or having reasonable cause to believe that the proceeds were allegedly
derived from the commission of an offense subject to forfeiture proceedings in
violation of section 2927.21 of the Revised
Code;

(b)
That the state has the
right to recover the proceeds described in division (D)(1)(a) of this
section;

(c)
The actual amount of the
proceeds described in division (D)(1)(a) of this section.

(2)
Subject to division
(D)(7) of this section, a civil action filed under division (D)(1) of this
section shall be stayed if a criminal complaint, indictment, or information is
filed against the person who is alleged to have received, retained, possessed,
or disposed of proceeds, in an amount exceeding fifteen thousand dollars,
knowing or having reasonable cause to believe that the proceeds were derived
from the commission of an offense subject to forfeiture proceedings in
violation of section 2927.21 of the Revised
Code.

(3)
In a civil action filed
under division (D)(1) of this section, the state has the burden to prove by
clear and convincing evidence all of the following:

(a)
That the person received, retained, possessed, or
disposed of the proceeds involved;

(b)
That the person knew or had reasonable cause to
believe that the proceeds were derived from the alleged commission of an
offense subject to forfeiture proceedings in violation of section
2927.21 of the Revised
Code;

(c)
Subject to division
(D)(7) of this section, the actual amount of the proceeds received, retained,
possessed, or disposed of by the person that exceeds fifteen thousand
dollars.

(4)
Any statements made in a civil action under division
(D)(1) of this section are inadmissible as evidence in a criminal action
brought against the person involved for a violation of section
2927.21 of the Revised Code,
except for purposes of impeachment.

(5)
Subject to division (D)(7) of this section, a civil
action under division (D)(1) of this section shall be commenced within two
years after the latest date on which a person allegedly received, retained,
possessed, or disposed of proceeds, in an amount exceeding fifteen thousand
dollars, knowing or having reasonable cause to believe that the proceeds were
allegedly derived from the commission of an offense subject to forfeiture
proceedings in violation of section
2927.21 of the Revised
Code.

(6)
The court shall complete
the trial of the civil action under division (D)(1) of this section within one
year after the action is commenced unless the parties to the action mutually
agree to extend the one-year period or the extension of that period is for good
cause shown.

(7)
The amount of fifteen
thousand dollars specified in divisions (D)(1), (2), (3)(c), and (5) of this
section shall be increased on the first day of the following January, starting
on January 1, 2018, by the rate of inflation for the twelve-month period ending
in September of the prior year according to the consumer price index or its
successor index.

(E)
For purposes of this section, there is a rebuttable
presumption that the person in possession of the property at the time of its
seizure is considered to be the owner of the property unless legal title to the
property states otherwise.

(F)
Prior to
the commencement of a civil
forfeiture action under this section , the
prosecutor shall attempt to identify any person with an interest in the
property subject to forfeiture by searching appropriate public records and
making reasonably diligent inquiries. At the time of filing
the complaint, the prosecutor shall give notice of the commencement of
the civil action, together with a copy of the complaint, to each person who is
reasonably known to have any interest in the property, by certified mail,
return receipt requested, or by personal service. The prosecutor shall cause a
similar notice to be published once each week for the two consecutive weeks immediately after the filing of the complaint in a
newspaper of general circulation in the county in which the property is
located. The published notice shall contain the date
and location of the seizure of the property and an itemized list of the
property seized that is sought to be forfeited in the
complaint.

(G)
A person
with an interest in the property subject to forfeiture may petition the court
to release the property pursuant to division (D) of section
2981.03 of the Revised Code. The
court shall consider the petition as provided in that section. If a timely
petition for pretrial hardship release is not filed, or if a petition is filed
but not granted, the person may file a claim for the release of the property
under the Rules of Civil Procedure. The court shall dispose of any petitions
timely filed under this division.

(H)
The court shall
issue a civil forfeiture order if it determines that the prosecutor has proved
by clear and convincing evidence that the property is
subject to forfeiture under section
2981.02 of the Revised Code,
and, after a proportionality review under section
2981.09 of the Revised Code when
relevant, the trier of fact specifically describes the extent of the property
to be forfeited. A civil forfeiture order shall state that all interest in the
property in question of the property owner who
committed the felony or gambling offense if division (A) of this section
applies, of the adult or juvenile who committed the act
if division (C) of this section applies, or of the
person who is alleged to have received, retained, possessed, or disposed of
proceeds if division (D) of this section applies that is the basis of the
order is forfeited to the state or political subdivision and shall make due
provision for the interest in that property of any other person, when
appropriate under this section. The court may issue any additional order to
affect the forfeiture, including, but not limited to, one or more orders under
section 2981.06 of the Revised
Code.

(I)
If the
court disposes of all petitions timely filed under this section in favor of the
state or political subdivision, the state or political subdivision shall have
clear title to the property that is the subject of a forfeiture order under
this section, but only to the extent that other parties' lawful interests in
the property are not infringed. To the extent that the state or political
subdivision has clear title to the property, the state or political subdivision
may warrant good title to any subsequent purchaser or other
transferee.

(J)
As used in this section
:

(1)
"Gambling offense" has
the same meaning as in section
2915.01 of the Revised
Code;

(2)
"Offense subject to
forfeiture proceedings" has the same meaning as in section
2927.21 of the Revised
Code.

(A)
Upon the entry of a forfeiture order under section
2981.04 or
2981.05 of the Revised Code, if
necessary, the court shall order an appropriate law enforcement officer to
seize the forfeited property on conditions that the court considers proper. If
necessary, the court shall order the person in possession of the property to
deliver the property by a specific date to the law enforcement agency involved
in the initial seizure of the property. The court shall deliver the order by
personal service or certified mail.

(B)
With respect to property that is the subject of a forfeiture order issued under
section 2981.04 or
2981.05 of the Revised Code, the
court that issued the order, upon petition of the prosecutor who prosecuted the
underlying offense or act or brought the civil forfeiture action, may do any of
the following:

(1)
Enter any
appropriate restraining orders or injunctions; require execution of
satisfactory performance bonds; appoint receivers, conservators, appraisers,
accountants, or trustees; or take any other action necessary to safeguard and
maintain the forfeited property;

(2)
Authorize the payment of rewards to persons who provide information resulting
in forfeiture of the property under this chapter from funds provided under
division (F) of section
2981.12 of the Revised
Code;

(3)
Authorize
the prosecutor to settle claims;

(4)
Restore forfeited property to victims and grant petitions for mitigation or
remission of forfeiture;

(5)
Authorize a stay of the forfeiture order pending appeal or resolution of any
claim to the property if requested by a person other than the defendant or a
person acting in concert with, or on behalf of, the
defendant.

(C)
To facilitate the identification and location of
property that is the subject of a forfeiture order and to facilitate the
disposition of petitions for remission or mitigation issued under this section,
after the issuance of a forfeiture order and upon application by the
prosecutor, the court, consistent with the Civil Rules, may order that the
testimony of any witness relating to the forfeited property be taken by
deposition and that any designated material that is not privileged be produced
at the same time and place as the testimony.

(D)

(1)
The court shall order forfeiture of any other property of the offender or
delinquent child up to the value of the unreachable property if
the state or political subdivision demonstrates by
clear and convincing evidence that any of the following describe any
property subject to a forfeiture order under section
2981.04 or
2981.05 of the Revised Code:

(a)
It cannot be
located through due diligence.

(b)
It has been
transferred, sold, or deposited with an innocent or
bona-fide third party.

(c)
It has been
placed beyond the jurisdiction of the court.

(d)
It has been
substantially diminished in value or has been commingled with other property
and cannot be divided without difficulty or undue injury to innocent
persons.

(2)
If property that is
subject to a forfeiture order under section
2981.04 or
2981.05 of the Revised Code has
been transferred, sold, or deposited with a third party, the court shall order
forfeiture of the transferred, sold, or deposited property instead of ordering
the forfeiture of other property under division (D)(1) of this section if the
state or political subdivision demonstrates by clear and convincing evidence
that the transferred, sold, or deposited property was transferred, sold, or
deposited in violation of section
2981.07 of the Revised
Code.

(3)
The requirements of
divisions (D), (E), and (F) of section
2981.04 of the Revised Code or
the requirements of divisions (F) and (G) of section
2981.05 of the Revised Code,
whichever are applicable, apply to property forfeited under division (D)(1) or
(2) of this section.

(E)
After the state or political subdivision is granted clear title under section
2981.04 or
2981.05 of the Revised Code, the
prosecutor shall direct disposition of the property pursuant to this chapter,
making due provisions for the rights of innocent persons.

(F)
Any interest in property not exercisable by, or transferable for value to, the
state or political subdivision shall expire and shall not revert to the
offender or delinquent child who forfeited the property. The offender or
delinquent child is not eligible to purchase the property at a sale under this
chapter.

(G)
Any income accruing to or derived from forfeited
property may be used to offset ordinary and necessary expenses related to the
property that are required by law or necessary to protect the interest of the
state, political subdivision, or third parties.

(A)
No
person shall destroy, damage, remove, or transfer property that is subject to
forfeiture or otherwise take any action in regard to property that is subject
to forfeiture with purpose to do any of the following:

(1)
Prevent or impair the state's or political subdivision's lawful authority to
take the property into its custody or control under this chapter or to continue
holding the property under its lawful custody or control;

(2)
Impair or defeat the court's continuing jurisdiction over the person and
property;

(3)
Devalue
property that the person knows, or has reasonable cause to believe, is subject
to forfeiture proceedings under this chapter.

(B)

(1)
Whoever violates this section is guilty
of interference with or diminishing forfeitable property.

(2)
Except as otherwise provided in divisions (B)(3), (4), and (5) of this section,
interference with or diminishing forfeitable property is a misdemeanor of the
first degree.

(3)
If the value of the property is
one
thousand dollars or more but less than seven thousand
five hundred dollars, interference with or
diminishing forfeitable property is a felony of the fifth degree.

(4)
If
the value of the property is seven thousand five
hundred dollars or more but less than one hundred fifty thousand dollars, interference with or
diminishing forfeitable property is a felony of the fourth degree.

(5)
If
the value of the property is one hundred fifty
thousand dollars or more, interference with or diminishing forfeitable property
is a felony of the third degree.

(A)
Property may not be forfeited as an instrumentality under this chapter to the
extent that the amount or value of the property is disproportionate to the
severity of the offense. The state or political subdivision
shall have the burden of going forward with the evidence and the burden to
prove by clear and convincing evidence that the amount or value
of the property subject to forfeiture is proportionate to the severity of the
offense.

(B)
Contraband and any proceeds obtained from the
offense are not subject to proportionality review under this section.

(C)
In
determining the severity of the offense for purposes of forfeiture of an
instrumentality, the court shall consider all relevant factors including, but
not limited to, the following:

(1)
The
seriousness of the offense and its impact on the community, including the
duration of the activity and the harm caused or intended by the person whose
property is subject to forfeiture;

(2)
The
extent to which the person whose property is subject to forfeiture participated
in the offense;

(3)
Whether the
offense was completed or attempted;

(4)
The extent to which the property was used in committing the
offense;

(5)
The sentence imposed for committing the offense that is the
basis of the forfeiture, if applicable.

(D)
In
determining the value of the property that is an instrumentality and that is
subject to forfeiture, the court shall consider relevant factors including, but
not limited to, the following:

(1)
The fair
market value of the property;

(2)
The
value of the property to the person whose property is subject to forfeiture,
including hardship to the person or to innocent persons if the property were
forfeited. The burden shall be on the person whose
property is subject to forfeiture to show the value of the property to that
person and any hardship to that person.

(1)
Any property that has been lost, abandoned, stolen, seized pursuant to a search
warrant, or otherwise lawfully seized or forfeited and that is in the custody
of a law enforcement agency shall be kept safely by the agency, pending the
time it no longer is needed as evidence or for another lawful purpose, and
shall be disposed of pursuant to sections
2981.12 and
2981.13 of the Revised
Code.

(2)
This chapter does not apply to the custody and
disposal of any of the following:

(a)
Vehicles subject to forfeiture under Title XLV of the Revised Code, except as
provided in division (A)(6) of section
2981.12 of the Revised
Code;

(c)
Property held by a department of rehabilitation and correction institution that
is unclaimed, that does not have an identified owner, that the owner agrees to
dispose of, or that is identified by the department as having little
value;

(d)
Animals
taken, and devices used in unlawfully taking animals, under section
1531.20 of the Revised
Code;

(e)
Controlled
substances sold by a peace officer in the performance of the officer's official
duties under section 3719.141 of the Revised
Code;

(f)
Property
recovered by a township law enforcement agency under sections
505.105 to
505.109 of the Revised
Code;

(g)
Property
held and disposed of under an ordinance of the municipal corporation or under
sections 737.29 to
737.33 of the Revised Code,
except that a municipal corporation that has received notice of a citizens'
reward program as provided in division (F) of section
2981.12 of the Revised Code and
disposes of property under an ordinance shall pay twenty-five per cent of any
moneys acquired from any sale or auction to the citizens' reward
program.

(B)

(1)
Each law enforcement agency that has custody of any property that is subject to
this section shall adopt and comply with a written internal control policy that
does all of the following:

(a)
Provides for
keeping detailed records as to the amount of property acquired by the agency
and the date property was acquired;

(b)
Provides for keeping detailed records of the disposition of the property, which
shall include, but not be limited to, both of the following:

(i)
The
manner in which it was disposed, the date of disposition, detailed financial
records concerning any property sold, and the name of any person who received
the property. The record shall not identify or enable identification of the
individual officer who seized any item of property.

(ii)
An
itemized list of the specific expenditures
made with amounts that are gained from the sale of the property and that are
retained by the agency, including the specific amount expended on each
expenditure, except that
the policy shall not provide for or permit the identification of any specific
expenditure that is made in an ongoing investigation.

(c)
Complies with section
2981.13 of the Revised Code if
the agency has a law enforcement trust fund or similar fund created under that
section.

(2)
The records kept under the internal control policy
shall be open to public inspection during the agency's regular business hours.
The policy adopted under this section is a public record open for inspection
under section 149.43 of the Revised
Code.

(C)
A law enforcement agency with custody of property
to be disposed of under section
2981.12 or
2981.13 of the Revised Code
shall make a reasonable effort to locate persons entitled to possession of the
property, to notify them of when and where it may be claimed, and to return the
property to them at the earliest possible time. In the absence of evidence
identifying persons entitled to possession, it is sufficient notice to
advertise in a newspaper of general circulation in the county and to briefly
describe the nature of the property in custody and inviting persons to view and
establish their right to it.

(A)
Unclaimed or forfeited property in the custody of
a law enforcement agency, other than property described in division (A)(2) of
section 2981.11 of the Revised Code,
shall be disposed of by order of any court of record that has territorial
jurisdiction over the political subdivision that employs the law enforcement
agency, as follows:

(1)
Drugs
shall be disposed of pursuant to section
3719.11 of the Revised Code or
placed in the custody of the secretary of the treasury of the United States for
disposal or use for medical or scientific purposes under applicable federal
law.

(2)
Firearms
and dangerous ordnance suitable for police work may be given to a law
enforcement agency for that purpose. Firearms suitable for sporting use or as
museum pieces or collectors' items may be sold at public auction pursuant to
division (B) of this section. The agency may sell other firearms and dangerous
ordnance to a federally licensed firearms dealer in a manner that the court
considers proper. The agency shall destroy any firearms or dangerous ordnance
not given to a law enforcement agency or sold or shall send them to the bureau
of criminal identification and investigation for destruction by the
bureau.

(3)
Obscene
materials shall be destroyed.

(4)
Beer, intoxicating liquor, or alcohol seized from a person who does not hold a
permit issued under Chapters 4301. and 4303. of the Revised Code or otherwise
forfeited to the state for an offense under section
4301.45 or
4301.53 of the Revised Code
shall be sold by the division of liquor control if the division determines that
it is fit for sale or shall be placed in the custody of the investigations unit
in the department of public safety and be used for training relating to law
enforcement activities. The department, with the assistance of the division of
liquor control, shall adopt rules in accordance with Chapter 119. of the
Revised Code to provide for the distribution to state or local law enforcement
agencies upon their request. If any tax imposed under Title XLIII of the
Revised Code has not been paid in relation to the beer, intoxicating liquor, or
alcohol, any moneys acquired from the sale shall first be used to pay the tax.
All other money collected under this division shall be paid into the state
treasury. Any beer, intoxicating liquor, or alcohol that the division
determines to be unfit for sale shall be destroyed.

(5)
Money received by an inmate of a correctional institution from an unauthorized
source or in an unauthorized manner shall be returned to the sender, if known,
or deposited in the inmates' industrial and entertainment fund of the
institution if the sender is not known.

(6)

(a)
Any mobile instrumentality forfeited under this chapter may be given to the law
enforcement agency that initially seized the mobile instrumentality for use in
performing its duties, if the agency wants the mobile instrumentality. The
agency shall take the mobile instrumentality subject to any security interest
or lien on the mobile instrumentality.

(b)
Vehicles and vehicle parts forfeited under sections
4549.61 to
4549.63 of the Revised Code may
be given to a law enforcement agency for use in performing its duties. Those
parts may be incorporated into any other official vehicle. Parts that do not
bear vehicle identification numbers or derivatives of them may be sold or
disposed of as provided by rules of the director of public safety. Parts from
which a vehicle identification number or derivative of it has been removed,
defaced, covered, altered, or destroyed and that are not suitable for police
work or incorporation into an official vehicle shall be destroyed and sold as
junk or scrap.

(7)
Computers, computer networks, computer systems, and computer software suitable
for police work may be given to a law enforcement agency for that purpose or
disposed of under division (B) of this section.

(8)
Money seized in connection with a violation of section
2905.32,
2907.21, or
2907.22 of the Revised Code
shall be deposited in the victims of human trafficking fund created by section
5101.87 of the Revised
Code.

(B)
Unclaimed or forfeited property that is not
described in division (A) of this section or division (A)(2) of section
2981.11 of the Revised Code,
with court approval, may be used by the law enforcement agency in possession of
it. If it is not used by the agency, it may be sold without appraisal at a
public auction to the highest bidder for cash or disposed of in another manner
that the court considers proper.

(C)
Except as provided in divisions (A) and (F) of
this section and after compliance with division (D) of this section when
applicable, any moneys acquired from the sale of property disposed of pursuant
to this section shall be placed in the general revenue fund of the state, or
the general fund of the county, the township, or the municipal corporation of
which the law enforcement agency involved is an agency.

(D)
If the property was in the possession of the law
enforcement agency in relation to a delinquent child proceeding in a juvenile
court, ten per cent of any moneys acquired from the sale of property disposed
of under this section shall be applied to one or more community addiction
services providers
, as defined in section
5119.01 of the Revised
Code. A juvenile court shall not specify a services provider, except as
provided in this division, unless the services provider is in the same county
as the court or in a contiguous county. If no services provider is located in any of
those counties, the juvenile court may specify a services provider anywhere in Ohio. The
remaining ninety per cent of the proceeds or cash shall be applied as provided
in division (C) of this section.

Each services
provider that receives in any calendar year forfeited money under this division
shall file an annual report for that year with the attorney general and with
the court of common pleas and board of county commissioners of the county in
which the services provider is located and of any other county from which the
services provider received forfeited money. The services provider shall file
the report on or before the first day of March in the calendar year following
the calendar year in which the services provider received the money. The report
shall include statistics on the number of persons the services provider served,
identify the types of treatment services it provided to them, and include a
specific accounting of the purposes for which it used the money so received. No
information contained in the report shall identify, or enable a person to
determine the identity of, any person served by the services
provider.

(E)
Each community addiction services provider
that receives in any calendar year money under this section or under section
2981.13 of the Revised Code as
the result of a juvenile forfeiture order shall file an annual report for that
calendar year with the attorney general and with the court of common pleas and
board of county commissioners of the county in which the services provider is
located and of any other county from which the services provider received the
money. The services provider shall file the report on or before the first day
of March in the calendar year following the year in which the services provider
received the money. The report shall include statistics on the number of
persons served with the money, identify the types of treatment services
provided, and specifically account for how the money was used. No information
in the report shall identify or enable a person to determine the identity of
anyone served by the services provider.

As used in this
division, "juvenile-related forfeiture order" means any forfeiture order issued
by a juvenile court under section
2981.04 or
2981.05 of the Revised Code and
any disposal of property ordered by a court under section
2981.11 of the Revised Code
regarding property that was in the possession of a law enforcement agency in
relation to a delinquent child proceeding in a juvenile court.

(F)
Each board of county commissioners that recognizes
a citizens' reward program under section
9.92 of the Revised Code shall
notify each law enforcement agency of that county and of a township or
municipal corporation wholly located in that county of the recognition by
filing a copy of its resolution conferring that recognition with each of those
agencies. When the board recognizes a citizens' reward program and the county
includes a part, but not all, of the territory of a municipal corporation, the
board shall so notify the law enforcement agency of that municipal corporation
of the recognition of the citizens' reward program only if the county contains
the highest percentage of the municipal corporation's population.

Upon being so
notified, each law enforcement agency shall pay twenty-five per cent of any
forfeited proceeds or cash derived from each sale of property disposed of
pursuant to this section to the citizens' reward program for use exclusively to
pay rewards. No part of the funds may be used to pay expenses associated with
the program. If a citizens' reward program that operates in more than one
county or in another state in addition to this state receives funds under this
section, the funds shall be used to pay rewards only for tips and information
to law enforcement agencies concerning offenses committed in the county from
which the funds were received.

Receiving funds under
this section or section
2981.11 of the Revised Code does
not make the citizens' reward program a governmental unit or public office for
purposes of section 149.43 of the Revised
Code.

(G)
Any property forfeited under this chapter shall
not be used to pay any fine imposed upon a person who is convicted of or pleads
guilty to an underlying criminal offense or a different offense arising out of
the same facts and circumstances.

(H)
Any moneys acquired from the sale of personal
effects, tools, or other property seized because the personal effects, tools,
or other property were used in the commission of a violation of section
2905.32,
2907.21, or
2907.22 of the Revised Code or
derived from the proceeds of the commission of a violation of section
2905.32,
2907.21, or
2907.22 of the Revised Code and
disposed of pursuant to this section shall be placed in the victims of human
trafficking fund created by section
5101.87 of the Revised
Code.

(A)
Except as otherwise provided in this section, property ordered forfeited as
contraband, proceeds, or an instrumentality pursuant to this chapter shall be
disposed of, used, or sold pursuant to section
2981.12 of the Revised Code. If
the property is to be sold under that section, the prosecutor shall cause
notice of the proposed sale to be given in accordance with law.

(B)
If
the contraband or instrumentality forfeited under this chapter is sold, any
moneys acquired from a sale and any proceeds forfeited under this chapter shall
be applied in the following order:

(1)
First, to pay costs incurred in the seizure, storage, maintenance, security,
and sale of the property and in the forfeiture proceeding;

(2)
Second, in a criminal forfeiture case, to satisfy any restitution ordered to
the victim of the offense or, in a civil forfeiture case, to satisfy any
recovery ordered for the person harmed, unless paid from other
assets;

(3)
Third, to
pay the balance due on any security interest preserved under this
chapter;

(4)
Fourth,
apply the remaining amounts as follows:

(a)
If
the forfeiture was ordered by a juvenile court, ten per cent to one or more
community addiction services providers as specified in division (D) of section
2981.12 of the Revised
Code;

(b)
If the
forfeiture was ordered in a juvenile court, ninety per cent, and if the
forfeiture was ordered in a court other than a juvenile court, one hundred per
cent to the law enforcement trust fund of the prosecutor and to the following
fund supporting the law enforcement agency that substantially conducted the
investigation:

(i)
The law
enforcement trust fund of the county sheriff, municipal corporation, township,
or park district created under section
511.18 or
1545.01 of the Revised
Code;

(ii)
The state
highway patrol contraband, forfeiture, and other fund;

(iii)
The department of public safety investigative unit contraband, forfeiture, and
other fund;

(iv)
The
department of taxation enforcement fund;

(v)
The
board of pharmacy drug law enforcement fund created by division (B)(1) of
section 4729.65 of the Revised
Code;

(vi)
The
medicaid fraud investigation and prosecution fund;

(vii)
The bureau of criminal identification and investigation
asset forfeiture and cost reimbursement fund created by section
109.521 of the Revised
Code;

(viii)
The
casino control commission enforcement fund created by section
3772.36 of the Revised
Code;

(ix)
The auditor
of state investigation and forfeiture trust fund established under section
117.54 of the Revised
Code;

(x)
The treasurer of
state for deposit into the peace officer training commission fund if any other
state law enforcement agency substantially conducted the investigation.

In the case of property
forfeited for medicaid fraud, any remaining amount shall be used by the
attorney general to investigate and prosecute medicaid fraud offenses.

If the prosecutor
declines to accept any of the remaining amounts, the amounts shall be applied
to the fund of the agency that substantially conducted the
investigation.

(c)
If
more than one law enforcement agency is substantially involved in the seizure
of property forfeited under this chapter, the court ordering the forfeiture
shall equitably divide the amounts, after calculating any distribution to the
law enforcement trust fund of the prosecutor pursuant to division (B)(4) of
this section, among the entities that the court determines were substantially
involved in the seizure.

(C)

(1)
A
law enforcement trust fund shall be established by the prosecutor of each
county who intends to receive any remaining amounts pursuant to this section,
by the sheriff of each county, by the legislative authority of each municipal
corporation, by the board of township trustees of each township that has a
township police department, township or joint police district police force, or
office of the constable, and by the board of park commissioners of each park
district created pursuant to section
511.18 or
1545.01 of the Revised Code that
has a park district police force or law enforcement department, for the
purposes of this section.

There is hereby created
in the state treasury the state highway patrol contraband, forfeiture, and
other fund, the department of public safety investigative unit contraband,
forfeiture, and other fund, the medicaid fraud investigation and prosecution
fund, the department of taxation enforcement fund, and the peace officer
training commission fund, for the purposes of this section.

Amounts distributed to
any municipal corporation, township, or park district law enforcement trust
fund shall be allocated from the fund by the legislative authority only to the
police department of the municipal corporation, by the board of township
trustees only to the township police department, township police district
police force, or office of the constable, by the joint police district board
only to the joint police district, and by the board of park commissioners only
to the park district police force or law enforcement
department.

(2)

(a)
No amounts shall be allocated to a fund under this
section or used by an agency unless the agency has adopted a written internal
control policy that addresses the use of moneys received from the appropriate
fund. The appropriate fund shall be expended only in accordance with that
policy and, subject to the requirements specified in this section, only for the
following purposes:

(i)
To pay the
costs of protracted or complex investigations or prosecutions;

(ii)
To
provide reasonable technical training or expertise;

(iii)
To provide matching funds to obtain federal grants to aid law enforcement, in
the support of DARE programs or other programs designed to educate adults or
children with respect to the dangers associated with the use of drugs of
abuse;

(iv)
To pay the
costs of emergency action taken under section
3745.13 of the Revised Code
relative to the operation of an illegal methamphetamine laboratory if the
forfeited property or money involved was that of a person responsible for the
operation of the laboratory;

(v)
For
other law enforcement purposes that the superintendent of the state highway
patrol, department of public safety, attorney
general, auditor of state, prosecutor, county sheriff, legislative
authority, department of taxation, Ohio casino control commission, board of
township trustees, or board of park commissioners determines to be
appropriate.

(b)
The board
of pharmacy drug law enforcement fund shall be expended only in accordance with
the written internal control policy so adopted by the board and only in
accordance with section
4729.65 of the Revised Code,
except that it also may be expended to pay the costs of emergency action taken
under section 3745.13 of the Revised Code
relative to the operation of an illegal methamphetamine laboratory if the
forfeited property or money involved was that of a person responsible for the
operation of the laboratory.

(c)
A
fund listed in division (B)(4)(b) of this section, other than the Medicaid
fraud investigation and prosecution fund, shall not be used to meet the
operating costs of the agency, office, or political subdivision that are
unrelated to law enforcement.

(d)
Forfeited moneys that are paid into the state treasury to be deposited into the
peace officer training commission fund shall be used by the commission only to
pay the costs of peace officer training.

(3)
Any of the following offices or agencies that receive amounts under this
section during any calendar year shall file a report with the specified entity,
not later than the thirty-first day of January of the next calendar year,
verifying that the moneys were expended only for the purposes authorized by
this section or other relevant statute and specifying the amounts expended for
each authorized purpose:

(a)
Any sheriff
or prosecutor shall file the report with the county auditor.

(b)
Any
municipal corporation police department shall file the report with the
legislative authority of the municipal corporation.

(c)
Any
township police department, township or joint police district police force, or
office of the constable shall file the report with the board of township
trustees of the township.

(d)
Any
park district police force or law enforcement department shall file the report
with the board of park commissioners of the park district.

(e)
The
superintendent of the state highway patrol, the auditor of state, and the tax
commissioner shall file the report with the attorney general.

(f)
The
executive director of the state board of pharmacy shall file the report with
the attorney general, verifying that cash and forfeited proceeds paid into the
board of pharmacy drug law enforcement fund were used only in accordance with
section 4729.65 of the Revised
Code.

(g)
The peace
officer training commission shall file a report with the attorney general,
verifying that cash and forfeited proceeds paid into the peace officer training
commission fund pursuant to this section during the prior calendar year were
used by the commission during the prior calendar year only to pay the costs of
peace officer training.

(h)
The
executive director of the Ohio casino control commission shall file the report
with the attorney general, verifying that cash and forfeited proceeds paid into
the casino control commission enforcement fund were used only in accordance
with section 3772.36 of the Revised
Code.

(D)
The written internal control policy of a county sheriff, prosecutor, municipal
corporation police department, township police department, township or joint
police district police force, office of the constable, or park district police
force or law enforcement department shall provide that at least ten per cent of
the first one hundred thousand dollars of amounts deposited during each
calendar year in the agency's law enforcement trust fund under this section,
and at least twenty per cent of the amounts exceeding one hundred thousand
dollars that are so deposited, shall be used in connection with community
preventive education programs. The manner of use shall be determined by the
sheriff, prosecutor, department, police force, or office of the constable after
receiving and considering advice on appropriate community preventive education
programs from the county's board of alcohol, drug addiction, and mental health
services, from the county's alcohol and drug addiction services board, or
through appropriate community dialogue.

The financial records
kept under the internal control policy shall specify the amount deposited
during each calendar year in the portion of that amount that was used pursuant
to this division, and the programs in connection with which the portion of that
amount was so used.

As used in this division,
"community preventive education programs" include, but are not limited to, DARE
programs and other programs designed to educate adults or children with respect
to the dangers associated with using drugs of abuse.

(E)
Upon the sale, under this section or section
2981.12 of the Revised Code, of
any property that is required by law to be titled or registered, the state
shall issue an appropriate certificate of title or registration to the
purchaser. If the state is vested with title and elects to retain property that
is required to be titled or registered under law, the state shall issue an
appropriate certificate of title or registration.

(F)
Any failure of a law enforcement officer or agency, prosecutor, court, or the
attorney general to comply with this section in relation to any property seized
does not affect the validity of the seizure and shall not be considered to be
the basis for suppressing any evidence resulting from the seizure, provided the
seizure itself was lawful.

(A)
Subject
to division (B) of this section, nothing in this chapter precludes the
head of a law enforcement agency that seizes property from seeking forfeiture
under federal law. If the property is forfeitable under this chapter and
federal forfeiture is not sought, the property is subject only to this
chapter.

(B)
A law enforcement agency
or prosecuting authority shall not directly or indirectly transfer or refer any
property seized by the agency or authority to any federal law enforcement
authority or other federal agency for purposes of forfeiture under federal law
unless the value of the seized property exceeds one hundred thousand dollars,
excluding the potential value of the sale of contraband, or the property is
being transferred or referred for federal criminal forfeiture
proceedings.

(C)
Any law enforcement agency that receives moneys
from a sale of forfeited property under federal law shall deposit, use, and
account for the amounts, including any interest derived, in accordance with
applicable federal law. If the state highway patrol or the investigative unit
of the department of public safety receives such federal forfeiture moneys, the
appropriate official shall deposit all interest or other earnings derived from
the investment of the moneys into the highway patrol treasury contraband fund,
the highway patrol justice contraband fund, the investigative unit treasury
contraband fund, or the investigative unit justice contraband fund, whichever
is appropriate.

(D)
There is
hereby created in the state treasury the highway patrol treasury contraband
fund, the highway patrol justice contraband fund, the investigative unit
treasury contraband fund, and the investigative unit justice contraband fund.
Each fund shall consist of moneys received under division
(C) of
this section and shall be used in accordance with any federal or other
requirements associated with moneys received.